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!taa
EKER & VAN NEST, LLP
)HNW.KEKER- #49092
ENRY C. BUNSOW - #60707
[ICHAELH. PAGE -#154913
[0 Sansome Street
m Francisco, CA 94111-1704
elephone: (415) 391-5400
acsimile: (415)397-7188
TOBRTRUST TECHNOLOGIES CORPORATION
OUGLAS K. DERWIN - #1 1 1407
LARK SCAD1NA - #173103
5FFMCDOW- #184727
800 Patrick Henry Drive
anta Clara, CA 95054
elephone: (408) 855-0100
acsimile: (408)855-0144
ittomeys for Plaintiff and Counter-Defendant
MTERTRUST TECHNOLOGIES CORPORATION
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
NTERTRUST TECHNOLOGIES
CORPORATION, a Delaware corporation,
Plaintiff.
/HCROSOFT CORPORATION, a
Washington corporation,
Defendant.
tfJD COUNTER ACTION.
Case No. C 01-1640 SBA (MET)
Consolidated with C 02-0647 SBA
FOURTH AMENDED COMPLAINT FOR
INFRINGEMENT OF U.S. PATENT NOS.
6,185,683 Bl; 6,253,193 Bl; 5,920,861;
5,892,900; 5,982,891} 5,917,912; 6,157,721;
5,915,019; 5,949,876; 6,112,181; AND
6^89,402 Bl.
DEMAND FOR JURY TRIAL
Plaintiff INTERTRUST TECHNOLOGIES CORPORATION (hereafter "InterTrust")
lereby complains of Defendant MICROSOFT CORPORATION (hereafter "Microsoft"), and
illeges as follows:
JURISDICTION AND VENUE
1 . This action for patent infringement arises under the patent laws of the United
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FOURTH AMENDED COMPLAINT FOR INFRINGEMENT OF VS. PATOIS
rKPKnmi.l ^f> SR A fMFJY CONSOLIDATED WITH C 02-0647 SBA
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States, Title 35, United States Code, more particularly 35 U.S.C. §§ 271 and 281.
2. This Court has subject matter jurisdiction under 28 U.S.C. §§ 133 1 and 1338(a).
3. Venue is proper in this judicial district under 28 U.S.C. §§ 1391(c) and 1400(b).
THE PARTIES
4. Plaintiff InterTrust is a Delaware corporation with its principal place of business
at 4750 Patrick Henry Drive, Santa Clara, California.
5. InterTrust is informed and believes, and on that basis alleges, that Defendant
Microsoft is a Washington Corporation with its principal place of business at One Microsoft
Way, Redmond, Washington.
6. InterTrust is informed and believes, and on that basis alleges, that Defendant
Microsoft does business in this judicial district and has committed and is continuing to commit
acts of infringement in this judicial district.
7. InterTrust is the owner of United States Patent No. 6,1 85,683 Bl, entitled
"Trusted and secure techniques, systems and methods for item delivery and execution" ("the
'683 patent"), duly and lawfully issued on February 6, 2001.
8. InterTrust is the owner of United States Patent No. 6,253,1 93 Bl, entitled
"Systems and methods for secure transaction management and electronic rights protection" ("the
'193 patent"), duly and lawfully issued on June 26, 2001.
9. InterTrust is the owner of United States Patent No. 5,920,861 , entitled
"Techniques for defining, using and manipulating rights management data structures" ("the '861
patent"), duly and lawfully issued on July 6, 1 999.
. 1 0. InterTrust is the owner of United States Patent No. 5,892,900, entitled "Systems
and methods for secure transaction management and electronic rights protection" ("the '900
patent"), duly and lawfully issued on April 6, 1999.
11. InterTrust is the owner of United States Patent No. 5.982,891, entitled "Systems
and methods for secure transaction management and electronic rights protection" ("the 4 891
patent"), duly and lawfully issued on November 9, 1 999.
12. InterTrust is the owner of United States Patent No. 5,917,912 entitled "System
. • ..." ' 2
FOURTH AMENDED COMPLAINT FOR INFRINGEMENT OF U.S. PATENTS
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KKKE K & VA N JMEST
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and methods for secure transaction management and electronic rights protection" ("the '912
patent"), duly and lawfully issued on June 29, 1999.
13. InterTrust is the owner of United States Patent No. 6,157,721, entitled "Systems
and methods using cryptography to protect secure computing environments" ("the '721 patent"),
duly and lawfully issued on December 5, 2000.
14. InterTrust is the owner of United States Patent No. 5,915,019, entitled "Systems
and methods for secure transaction management and electronic rights protection" (the '019
patenf "), duly and lawfully issued on June 22, 1 999.
15. InterTrust is the owner of United States Patent No. 5,949,876, entitled "Systems
and methods for secure transaction management and electronic rights protection" ("the '876
patent"), duly and lawfully issued on September 7, 1 999.
16. InterTrust is the owner of United States Patent No. 6,1 12,181, entitled "Systems
and methods for matching, selecting, narrowcasting, and/or classifying based on rights
management and/or other information" ("the '181 patent" ), duly and lawfully issued on August
29, 2000.
17. InterTrust is the owner of United States Patent No. 6,389,402 Bl, entitled
"Systems and methods for secure transaction management and electronic rights protection" ("the
'402 patent"), duly and lawfully issued on May 14, 2002.
18. InterTrust hereby incorporates by reference paragraphs 1-7 as if restated herein.
19. This is a claim for patent infringement under 35 U.S.C. §§271 and 281 .
20. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been aid is infringing the '683 patent under § 271(a), as identified in InterTrust's Patent Local
Rule 3-1 disclosures served on Microsoft on June 21, 2002. In addition, on information and
belief, InterTrust alleges that Microsoft is making and using other systems and/or is in the
process of developing other systems, which infringe the '683 patent under § 271(a). InterTrust is
further informed and believes, and on that basis alleges, that Microsoft's infringement of the
4 683 patent under § 271(a) will continue unless enjoined by this Court.
FIRST CLAIM FOR RELIEF
3
FOURTH AMENDED COMPLAINT FOR INFRINGEMENT OF U.S. PATENTS
PASFXTn PM-KviOSBAfMFn CONSOLIDATED WTTH C 02-0647 SB A
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2 1 . InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is knowingly and intentionally inducing others to infringe directly ihe *683 patent under
§ 271(a), thereby inducing infringement of the '683 patent under § 271(b). InterTrust is further
informed and believes that Microsoft's inducement has at least included the manner in which
Microsoft has promoted and marketed use of its software and services identified in InterTrust's
Patent Local Rule 3-1 disclosures served on Microsoft on June 21, 2002. InterTrust is further
informed and believes, and on that basis alleges, that Microsoft's infringement of the *683 patent
under § 27 1 (b) will continue unless enj oined by this Court.
22. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is contributorily infringing the *683 patent under § 271(c) by providing software and
services especially made or especially adapted for infringing use and not staple articles or
commodities of commerce suitable for substantial noninfringing use, including at least the
software and services identified in InterTrust^ Patent Local Rule 3-1 disclosures served on
Microsoft on June 21, 2002.. InterTrust is further informed and believes, and on that basis
alleges, that Microsoft's infringement of the *683 patent under § 271(c) will continue unless
enjoined by this Court.
23. InterTrust is informed and believes, and on that basis alleges, that Microsoft is
willfully infringing the '683 patent in the manner described above in paragraphs 20 through 22,
and will continue to do so unless enjoined by this Court.
24. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
derived and received, and will continue to derive and receive from the aforesaid acts of
infringement gains, profits, and advantages, tangible and intangible, the extent of which are not
presently known to InterTrust. By reason of the aforesaid acts of infringement, InterTrust has
been, and will continue to be, irreparably harmed.
SECOND CLAIM FOR RELIEF
25. InterTrust hereby incorporates by reference paragraphs 1-6 and 8 as if restated
herein.
26. This is a claim for patent infringement under 35 U.S.C. §§ 271 and 281.
4 ;
" FOURTH AMENDED COMPLAINT FOR INFRINGEMENT OF U.S. PATENTS
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27. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is infringing the '193 patent under § 271(a), as identified in InterTmst's Patent Local
Rule 3-1 disclosures served on Microsoft on June 21 , 2002. In addition, on information and
belief, InterTrust alleges that Microsoft is making and using other systems and/or is in the
process of developing other systems, which infringe the '193 patent under § 271(a). InterTrust is
further informed and believes, and on that basis alleges, that Microsoft's infringement of the
'193 patent under § 271(a) will continue unless enjoined by this Court.
28. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is knowingly and intentionally inducing others to infringe directly the '193 patent under
§ 271(a), thereby inducing infringement of the ' 193 patent under § 271(b). InterTmst is further
informed and believes that Microsoft's inducement has at least included the manner in which
Microsoft has promoted and.maiketed use of its software and services identified in InierTrust's
Patent Jx>cal Rule 3-1 disclosures served on Microsoft on June 21, 2002. InterTrust is further
informed and believes, and on that basis alleges, that Microsoft's infringement of the *193 patent
under § 271(b) will continue unless enjoined by this Court.
29. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is contributorily infringing the ' 193 patent under § 271(c) by providing software and
services especially made or especially adapted for infringing use and not staple articles or
commodities of commerce suitable for substantial noninfringing use, including at least the
software and services identified in InterTmst's Patent Local Rule 3-1 disclosures served on
Microsoft on June 21, 2002.. InterTrust is further informed and believes, and on that basis
alleges, that Microsoft's infringement of the 4 193 patent under § 271(c) will continue unless
enjoined by this Court.
30. InterTrust is informed and believes, and on that basis alleges, that Microsoft is
willfully infringing the 4 193 patent in the manner described above in paragraphs 27 through 29,
and will continue to do so unless enjoined by this Court.
3 1 . InterTrust is informed and believes, and on that basis alleges, that Microsoft has
derived and received, and will continue to derive and receive from the aforesaid acts of
FOURTH AMENDED COMPLAINT FOR INFRINGEMENT OF U.S. PATENTS
CASE NO. C 01-1640 SB A (MEH. CONSOLIDATED WITH C 02-0647 SB A
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Hi V AT * INfc Sl Iffl 007/02 4
ifringement gains, profits, and advantages, tangible and intangible, the extent of which are not
resently known to InterTmst. By reason of the aforesaid acts of infringement, IntcrTiust has
een, and will continue to be, irreparably harmed.
THIRD CLAIM FOR RELIEF
32. InterTmst hereby incorporates by reference paragraphs 1-6 and 9 as if restated
Lerein.
33. This is a claim for patent infringement under 35 U.S.C. § § 27 1 and 28 1 .
34. InterTmst is informed and believes, and on that basis alleges, that Microsoft has
>een and is infringing the '861 patent under § 271(a), as identified in IntaTrust's Patent Local
lule 3- 1 disclosures served on Microsoft on June 21, 2002. In addition, on information and
>elief, InterTmst alleges that Microsoft is making and using other systems and/or is in the
>rocess of developing other systems, which infringe the '861 patent under § 271(a). InterTmst is
itrther informed and believes, and on that basis alleges, that Microsoft's in&ingement of the
861 patent under § 271 (a) will continue unless enjoined by this Court.
35. InterTmst is informed and believes, and on that basis alleges, that Microsoft has
>een and is knowingly and intentionally inducing others to infringe directly the '861 patent under
> 271(a), thereby inducing infringement of the *861 patent under § 271(b). InterTmst is further
nformed and believes that Microsoft's inducement has at least included the manner in which
Microsoft has promoted and marketed use of its software and services identified in InterTmst' s
3 atent Local Rule 3-1 disclosures served on Microsoft on June 21, 2002. InterTmst is further
nformed and believes, and on that basis alleges, that Microsoft's infringement of the 4 861 patent
mder § 271(b) will continue unless enjoined by this Court.
36. InterTmst is informed and believes, and on that basis alleges, that Microsoft has
>een and is contributorily infringing the *861 patent under § 271(c) by providing software and
services especially made or especially adapted for infringing use and not staple articles or
:ommodities of commerce suitable for substantial noninfringing use, including at least the
software and services identified in InteiTrust's Patent Local Rule 3-1 disclosures served on
Microsoft on June 21, 2002.. InterTmst is further informed and believes, and on that basis
FOURTH AMENDED COMPI^JNT FOR INFRINGEMENT OF U-S. PATENTS
* cp >jr> rm.'i «*n cp & vx/f ?\ rnwcm m ATPn wrm r mMf^l ST* a
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lieges, that Microsoft's infringement of the '861 patent under § 271(c) will continue unless
mjoined by this Court.
37. InterTrust is informed and believes, and on that basis alleges, that Microsoft is
wilfully infringing the '861 patent in the manner described above in paragraphs 34 through 36,
ind will continue to do so unless enjoined by this Court
38. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
lerived and received, and will continue to derive and receive from the aforesaid acts of
nfringcment gains, profits, and advantages, tangible and intangible, the extent of which are not
wesently known to InterTrust. By reason of the aforesaid acts of infringement, InterTrust has
>een, and will continue to be, irreparably harmed.
FOURTH CLAIM FOR RELIEF
39. InterTrust hereby incorporates by reference paragraphs 1-6 and 1 0 as if restated
lerein.
40. This is a olaim for patent infringement under 35 U.S.C. §§ 271 and 281.
41 . InterTrust is informed and believes, and on that basis alleges, that Microsoft has
jeen and is infringing the '900 patent under § 27 1 (a), as identified in InterTrust's Patent Local
■lule 3-1 disclosures served on Microsoft on June 21, 2002. In addition, on information and
jelief, [nterTrust alleges that Microsoft is making and using other systems and/or is in the
jrocess of developing other systems, which infringe the '900 patent under § 271(a). InterTrust is
further infomied and believes, and on that basis alleges, that Microsoft's infringement of the
900 patent under § 271(a) will continue unless enjoined by this Court.
42. InterTrust is informed arid believes, and on that basis alleges, that Microsoft has
jeen and is knowingly and intentionally inducing others to infringe directly the *900 patent under
i
j 271(a), thereby inducing infringement of the '900 patent under § 271(b). InterTrust is further
informed and believes that Microsoft's inducement has at least included the manner in which
Microsoft has promoted and marketed use of its software and services identified in InterTrust's
Patent Local Rule 3-1 disclosures served on Microsoft on June 21 , 2002. InterTrust is further
informed and believes, and on that basis alleges, that Microsoft's infringement of the '900 patent
FOURTH AMENDED COMPLAINT FOR INFRINGEMENT OF U.S. PATENTS
cask no r m.i mo sba ( mfjv consolidated with c 02-o«7 Sba
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t AA WSJUiK & VAIN NEST lg)UUa/OZ4
nder § 271(b) will continue unless enjoined by this Court.
43. Inter Trust }s informed and believes, and on that basis alleges, that Microsoft has
een and is contributory infringing the''|900 patent under § 271(c) by providing software and
ervices especially made or especially adapted for infringing use and not staple articles or
ommodities of commerce suitable for substantial noninfringing use, including at least the
i
oftware and services identified in InterTjrust's Patent Local Rule 3-1 disclosures served on
Microsoft on June 21, 2002.. InterTrust is further informed and believes, and on that basis
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illeges, that Microsoft's infringement ofjthc '900 patent under § 271(c) will continue unless
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tnjoined by this Court j
44. InterTrust is informed auk believes, and on that basis alleges, that Microsoft is
villfully infringing the '900 patent in the manner described above in paragraphs 41 through 43,
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ind wilJ continue to do so unless enjoined by this Court.
45. InterTrust is informed anil believes, and on that basis alleges, that Microsoft has
•i
ierived and received, and will continue to derive and receive from the aforesaid acts of
nfringement gains, profits, and advantages, tangible and intangible, the extent of which are not
presently known to InterTrust By reason of the aforesaid acts of infringement, InterTrust has
seen, and will continue to be, irreparably harmed.
fifth! claim for relief
46. InterTrust hereby incorporates by reference paragraphs 1 -6 and 1 1 as if restated
herein.
47. This is a claim for patent infringement under 35 U.S.C. §§ 271 and 281.
48. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is infringing the '891 patent under § 271(a), as identified in InterTrust' s Patent Local
Rule 3-1 disclosures served on Microsoft on June 21, 2002. In addition, on information and
belief, InterTnist alleges that Microsoft j is making and using other systems and/or is in the
process of developing other systems, which infringe the * 891 patent under § 271(a). InterTrust is
further informed and believes, 'and on ihat basis alleges, that Microsoft's infringement of the
i
'89 1 patent under § 27 1 (a) will continue unless enjoined by this Court.
! 1 8
"FOURTH AMENDED COMPLAINT FOR INFRINGEMENT OF U.S. PATENTS
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49. InterTrust is informed and^elieves, and on that basis alleges, that Microsoft has
een and is knowingly and intentionally lUcing others to infringe directly the '891 patent under
271(a). thereby inducing infringement : if the '891 patent under § 271(b). InterTrust is further
aformed and believes that Microsoft's inducement has at least included the manner in which
Microsoft has promoted and marketed upj: of its software and services identified in InterTrust's
-atent Local Rule 3-1 disclosures servedjon Microsoft on June 21, 2002. InterTrust is further
nformed and believes, and on that basis| alleges, that Microsoft's infringement of the '891 patent
mder § 271(b) will continue unless enjoined by this Court.
50. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
>een and is contributorily infringing the ' 891 patent under § 271(c) by providing software and
jervices especially made or especially adapted for infringing use and not staple articles or
yjmmodities of commerce suitable for substantial noninfringing use, including at least the
software and services identified in Internist's Patent Local Rule 3-1 disclosures served on
icrosoft on June 21, 2002.. InterTrust is further informed and believes, and on that basis
alleges, that Microsoft's infringement o'f the '891 patent under § 271(c) will continue unless
i
enjoined by this Court.
5 1 . InterTrust is informed aid believes, and on that basis alleges, that Microsoft is
willfully infringing the '891 patent in tn; manner described above in paragraphs 48 through 50,
and will continue to do so unless enjoiried by this Court.
52. InterTrust is informed arJd believes, and on that basis alleges, that Microsoft has
derived and received, and will continue jto derive and receive from the aforesaid acts of
infringement gains, profits, and advances, tangible and intangible, the extent of which are not
presently known to InterTrust. By reason of the aforesaid acts of infringement, InterTrust has
been, and will continue to be, irreparably harmed.
SIXTH CLAIM FOR RELIEF
53. InterTrust hereby incorporates by reference paragraphs 1-6 and 12 as if restated
■ i
herein. : j
54. This is a claim for patent infringement under 35 U.S.C. §§ 271 and 281.
il 9 : _
FoTfbTH AMENDED COMPLAINT FOR INFRINGEMENT OI- U.S. PATENTS
O C 01 1640 SBAi^J^. CONSOLIDATED WITH C 02-0647 SBA
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55. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
een and is infringing the '912 patent urjL § 271(a), as identified in InterTrust's Patent Local
Lule 3-1 disclosures served on Microsoft! on June 21 , 2002. In addition, on information and
elief, InterTrust alleges that Microsoft is making and using other systems and/or is in the
irocess of developing other systems, wfoch infringe the '912 patent under § 271(a). InterTrust is
iirther informed and believes, and on that basis alleges, that Microsoft's infringement of the
12 paient under § 271(a) will continue unless enjoined by this Court
i
56 InterTrust is informed and believes, and on that basis alleges, that Microsoft has
!
>een and is knowingly and intentionally inducing others to infringe directly the '912 patent under
i 271(a), thereby inducing infringement jof the «912 patent under § 271(b). InterTrust is further
nformed and believes that Microsoft's inducement has at least included the manner in which
Microsoft has promoted and marketed use of its software and services identified in InterTrust's
>atent l^cal Rule 3-1 disclosures servec on Microsoft on June 21 , 2002. InterTrust is further
formed and believes, and on that basts alleges, that Microsoft's infringement of the '912 patent
i
inder § 271(b) will continue unless enjjc bed by this Court
57. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
|
sen and is contributorily infringirig the] '912 patent under § 271(c) by providing software and
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iervices especially made or especially adapted for infringing use and not staple articles or
rommodities of commerce suitable forjsubstantial noninfringing use, including at least the
ioftware and services identified in InterTrust's Patent Local Rule 3-1 disclosures served on
, !|
Microsoft on June 21, 2002.. InterTrust is further informed and believes, and on that basis
ll
dleges, that Microsoft's infringement of the *912 patent under § 271(c) will continue unless
enjoined by this Court. I
58. InterTrust is informed ai d believes, and on that basis alleges, that Microsoft is
jvillfully infringing the '912 patent in it e manner described above in paragraphs 55 through 57,
md will continue to do so unless enjoined by this Court
i
59. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
derived and received, and will continue
to derive and receive from the aforesaid acts of
10 .
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r ASF VO C 01-1640 SB A fMFJY CONSOLIDATED WITH C 02-0647 SB A
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nfringement gains, profits, and advantages, tangible and intangible, the extent of which are not
iresently known to InterTrust. By reason
lerein.
of the aforesaid acts of infringement, InterTrust has
>een, and will continue to be, irreparably laimed.
SEVENTH CT AIM FOR RELIEF
InterTrust hereby incorporates by reference paragraphs 1-6 and 13 as if restated
This is a claim for patent ji ifringement under 35 U.S.C. §§ 271 and 281.
InterTrust is informed and! believes, and on that basis alleges, that Microsoft has
seen and is mfringmg the '721 patent urider § 271(a), as identified in InterTrust's Patent Local
Rule 30 disclosures served on Microsoftj on June 21, 2002. In addition, on information and
belief, InterTrust alleges that Microsoft is making and using other systems and/or is in the
60.
61.
62.
process of developing other systems, which infringe the '721 patent under § 271(a). InterTrust is
further informed and believes, and on that basis alleges, that Microsoft's infringement of the
'721 patent under § 27 1(a) will continu6 unless enjoined by this Court.
63. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is knowingly and intentionallyjinducing others to infringe directly the '721 patent under
§ 271(a), thereby inducing infringement jof the '721 patent under § 271(b). InterTrust is further
informed and believes that Microsoft's jbducement has at least included the manner in which
Microsoft has promoted and marketed ui;e of its software and services identified in InterTrust's
Patent Local Rule 3-1 disclosures servdd on Microsoft on June 21, 2002. InterTrust is further
informed and believes, and on thai basis alleges, that Microsoft's infringement of the '721 patent
under § 271(b) will continue unless ehjjcincd by this Court.
64. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is contributorily infringing the '721 patent under § 271(c) by providing software and
services especially made or especially adapted for infringing use and not staple articles or
commodities of commerce suitable for substantial noiunfringing use, including at least the
software and services identified in InterTrust's Patent Local Rule 3-1 disclosures served on
Microsoft on June 21, 2002.. InterTrust is further informed and believes, and on that basis
i i
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FOURTH AMENDED COMPLAINT FOR rNFRINGEMEKTOF US PATENlS
CASF NO. C 01-1640 SB A [MED. CONSOLIDATED WITH C 02-0647 SBA
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illeges, vhat Microsoft's infringement of fhe '721 patent under § 271(c) will continue unless
snjoined by this Court,
(.5. InterTrust is informed an d believes, and on that basis alleges, that Microsoft is
willfully infringing the '721 patent in the manner described above in paragraphs 62 through 64,
and will continue to do so unless enjoinjJd by this Court.
66. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
derived and received, and will continue lo derive and receive from the aforesaid acts of
infringement gains, profits, and advantsges, tangible and intangible, the extent of which are not
presently known to InterTrust By reasjjn of the aforesaid acts of infringement, InterTrust has
been, and will continue to be, irreparably harmed.
EIGHTH CLAIM FOR RELIEF
67. InterTrust hereby incorporates by reference paragraphs 1-6 and 14 as if restated
herein*
This is a claim for patent infringement under 35 U.S.C, §§ 271 and 281.
InterTrust is informed and believes, and on that basis alleges, that Microsoft has
68.
69.
been and is infringing the '019 patent tinder § 271(a), as identified in InterTrust's Draft Claim
Charts presented to Microsoft on June ljl , 2002. In addition, on information and belief;
InterTrust alleges that Microsoft is making and using other systems and/or is in the process of
developing other systems, which infrir ge the 4 019 patent under § 271(a). InterTrust is further
informed and believes, and on that basis alleges, that Microsoft's infringement of the £ 01 9 patent
under ij 271(a) will continue unless enjoined by this Court.
70. InterTrust is informed sid believes, and on that basis alleges, that Microsoft has
been and is knowingly and intentionally inducing others to infringe directly the c 019 patent under
§ 271(a), thereby inducing infringement of the *019 patent under § 271(b). InterTrust is further
inducement has at least included the manner in which
use of its software and services identified in InterTrust's
Draft Claim Charts presented to Microsoft on June 21, 2002. InterTrust is further informed and
believes, and on that basis alleges, that Microsoft's infringement of the *019 patent under §
12 __
informed and believes that Microsoft's
Microsoft has promoted and marketed
FOURTH AMENDED COMPLAINT FOR INFRINGEMENT OF U.S. PATENTS
r ASF NO r ni.1640 SRAlfMFJV CONSOLIDATED WITH C 02-0W7 sba
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300565,01
271(b) will continue unless enjoined by this Court
7 1 . InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is contributorily infringing the
01 9 patent under § 27 1 (c) by providing software and
services especially made or especially adapted for infringing use and not staple articles or
commodities of commerce suitable for substantial noninfringing use, including at least the
rust's Draft Claim Charts presented to Microsoft on
June 21. 2002.. InterTrust is further informed and believes, and on that basis alleges, that
Microsoft's infringement of the '019 patiait under § 271(c) will continue unless enjoined by this
Court
72. InterTrust is informed and believes, and on that basis alleges, that Microsoft is
been, and will continue to be, irreparab
NINTH!
willfully infringing the '019 patent in the manner described above in paragraphs 69 through 71,
and will continue to do so unless enjoin jd by this Court.
73. InterTrust is informed aiu) believes, and on that basis alleges, that Microsoft has
derive and receive from the aforesaid acts of
infringement gains, profits, and advantages, tangible and intangible, the extent of which are not
presently known to InterTrust. By reasiii of the aforesaid acts of infringement, InterTrust has
y harmed.
CLAIM FOR RELIEF
herein.
74. InterTrust hereby incorporates by reference paragraphs 1-6 and 15 as if restated
infringement under 35 U.S.C §§ 271 and 281.
75. This is a claim for patent
76. InterTrust is informed ai ill believes, and on that basis alleges, that Microsoft has
been and is infringing the '876 patent under § 271(a), as identified in InterTrust's Draft Claim
Charts presented to Microsoft on June 21, 2002. In addition, on information and belief,
InterTrust alleges lhat Microsoft is malSng and using other systems and/or is in the process of
1 1
developing other systems, which infrinSge the '876 patent under § 271(a). InterTrust is further
informed and believes, and on that basi i alleges, that Microsoft's infringement of the '876 patent
under § 271(a) will continue unless enjoined by this Court
13
FOURTH AMENDED COMPLAINT FOR INFRINGEMENT OF U.S. PATENTS
CASF. NO. C 01-1640 SB/»jj|MFJV CONSOLIDATED WITH C 02-0647 SBA
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ftEAE K & VAIN Nt>li_
141015/024
77. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is knowingly and intentionally 'inducing others to infringe directly the '876 patent under
§ 271(a), thereby inducing infringement!^ the '876 patent under § 271(b). InterTrust is further
informed and believes that Microsoft's Inducement has at least included the manner in which
Microsoft has promoted and marketed use of its software and services identified in InterTrust's
Draft Claim Charts presented to Microsoft on June 21, 2002. InterTrust is further informed and
believes, and on that basis alleges, that Microsoft's infringement of the '876 patent under §
271 (b) will continue unless enjoined byjjthis Court
78. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is contributorily infringing the! '876 patent under § 271(c) by providing software and
services especially made or especially adapted for infringing use and not staple articles or
commodities of commerce suitable for substantial noninfringing use, including at least the
software and services identified in Internist's Draft Claim Charts presented to Microsoft on
June 21 , 2002. InterTrust is further informed and believes, and on that basis alleges, that
|i
Microsoft's infringement of the '876 patent under § 271(c) will continue unless enjoined by this
Court. ,
79. InterTrust is informed and believes, and on that basis alleges, that Microsoft is
willfully infringing the '876 patent in tlis manner described above in paragraphs 76 through 78,
and will continue to do so mil ess enjoined by this Court.
H
80. InterTrust is informed atfd believes, and on that basis alleges, that Microsoft has
derived and received, and will continue! to derive and receive from the aforesaid acts of
infringement gains, profits, and advanta ges, tangible and intangible, the extent of which are not
presently known to InterTrust By reason of the aforesaid acts of infringement, InterTrust has
been, and will continue to be, irreparably harmed.
lif
TENTH CLAIM FOR RELIEF
81. InterTrust hereby incorlirales by reference paragraphs 1-6 and 16 as if restated
herein.
82. This is a claim for patent infringement under 35 U.S.C. §§ 271 and 281.
14
FOURTH AMENDED COMPLAINT FOR INFRINGEMENT OF U.S. PATENTS
ill
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K£K£K_ Sc VAIN N ES'l
8 3. InteiTrust is informed am jjbelieves, and on that basis alleges, that Microsoft has
m and is infringing the '181 patent unjjcr § 271(a), as identified in InterTrust's Draft Claim
harts presented to Microsoft on June 2 ,jj 2002. In addition, on information and belief,
iterTrust alleges that Microsoft is maki \g and using other systems and/or is in the process of
eveloping other systems, which infring j
ffbe '181 patent under § 271(a). InterTrust is further
iformed and beheves. and on that basis flleges. that Microsoft's infringement of the '181 patent
nder § 271(a) will continue unless enjojjied by this Court.
84. InterTrust is informed ani believes, and on that basis alleges, that Microsoft has
een and is knowingly and intentionally inducing others to infringe directly the '181 patent under
271(a), thereby inducing infringement pf the '181 patent under § 271(b). InterTrust is further
iformed and believes that Microsoft's inducement has at least included the manner in which
/Dcrosoft has promoted and marketed Jse of its software and services identified in InterTrust's
>nLft Claim Charts presented to Microsoft on June 2 1, 2002. InterTrust is further informed and
.elieves, and on mat basis alleges, that Microsoft's infringement of the «181 patent under §
171(b) will continue unless enjoined by , this Court.
35. InterTrust is informed ar jl believes, and on that basis alleges, that Microsoft has
,een and is contributorily infringing their 181 patent under § 271(c) by providing software and
lervices especially made or especially a jiapted for infringing use and not staple articles or
lommodities of commerce suitable for substantial nomnfhnging use, including at least the
:oftware and services identified in Internist's Draft Claim Charts presented to Microsoft on
rune 21 , 2002. InterTrust is further informed and believes, and on that basis alleges, that
. i[
tficrosoft's infringement of the '181 ptient under § 271(c) will continue unless enjoined by ihis
III
"ourt.
86.
InterTrust is informed and believes, and on that basis alleges, that Microsoft is
willfully infringing the ' 181 patent in A manner described above in paragraphs 83 through 85,
md will continue to do so unless enjoined by this Court.
87. InterTrust is informed arid believes, and on that basis alleges, that Microsoft has
derived and received, and will continue
to derive and receive from the aforesaid acts of
15
FOURTH AMENDED COMPLAINT FOR INFRINGEMENT OF U S PA TENTS
pa*F NO C 01-1640 SR'A|fMF.n. CONSOLIDATED WITH C 02-0647 SB A
nil
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lfringement gains, profits, and advanta, jes, tangible and intangible, the extent of which are not
resently known to InterTrust By reason of the aforesaid acts of infringement, InterTrust has
een, and will continue to be, irreparably harmed.
ELEVENTH CLAIM FOR RELIEF
K8.
Lerein.
89.
90.
InterTrust hereby incorpcj rates by reference paragraphs 1-6 and 17 as if restated
>een and is infringing the c 402 patent
Charts presented to Microsoft on June2|
This is a claim for patentlinfringement under 35 U.S-C §§ 271 and 28 1.
InterTrust is informed i jl believes, and on that basis alleges, that Microsoft has
Jd er § 271(a), as identified in InterTrust's Draft Claim
2002. In addition, on infonnation and belief
nterTnist alleges that Microsoft is making and using other systems and/or is in the process of
i J
leveloping other systems, which mfnhgfe the 4 402 patent under § 271(a). InterTrust is further
alleges, that Microsoft's infringement of the '402 patent
inder § 271(a) will continue unless erij iined by this Court
91 . InterTrust is informed aid believes, and on that basis alleges, that Microsoft has
inducing others to infringe directly the '402 patent under
of the *402 patent under § 271(b). InterTrust is further
Inducement has at least included the manner in which
I Le of its software and services identified in InterTrust* s
Lft on June 21, 2002. InterTrust is further informed and
n
selieves, and on that basis alleges, thatjj Microsoft's infringement of the *402 patent under §
11 1 (b) will continue unless enjoined by? this Court
: 1
92. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
nd is contributorily infringing the l 402 patent under § 271(c) by providing software and
services especially made or especially adapted for infringing use and not staple articles or
:ommodities of commerce suitable for jlubstantial noninfringing use, including at least the
software and services identified in Internist's Draft Claim Charts presented to Microsoft on
1
l ;ormed and believes, and on that basis alleges, that
>een and is knowingly and intentionally
) 271(a), thereby inducing infringemeri
nformed and believes that Microsoft's
Vlicrosoft has promoted and marketed
Draft Claim Charts presented to Micro
June 2 1 , 2002. InterTrust is further in
16
FOURTH AMENDED
COMPLAINT FOR INFRINGEMENT OF U.S. PATENTS
fi^MPn cmsrcoT m attd with r (\*>.t\f*n sra
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KKKKK & VAft NKST
licrosolt's infringement of the '402 patent under § 271(c) will continue unless enjoined by this
:ourt.
rillfuUy infringing the '402 patent in thej
nd will continue to do so unless enjoined by this Court
94. InterTrust is informed ana
>71(a);
B. That Microsoft be adjudj
(£1018/024
93. InterTrust is informed and! believes, and on that basis alleges, that Microsoft is
manner described above in paragraphs 90 through 92,
believes, and on that basis alleges, that Microsoft has
lerived ;ind received, and will continue i o derive and receive from the aforesaid acts of
afringement gains, profits, and advantajss, tangible and intangible, the extent of which are not
.resently known to InterTrust. By reascii of the aforesaid acts of infringement, InterTrust has
>een, and will continue to be, irreparabl I harmed.
PRAYER FOR BELIEF
WHEREFORE, InterTrust praysjjfor relief as follows:
A. That Microsoft be adjudged to have infringed the '683 patent under 35 U.S.C §
1
ed to have infringed the *683 patent under 35 U.S.C. §
///
FOURTH AMENDED COMPJ-AIN
rASP no C. 01-1640 SBA
271(b) by inducing others to infringe dijjsctly the "683 patent under 35 U.S.C. § 271(a);
C. That Microsoft be adjudg sd to have contributorily infringed the '683 patent under
J5 U.S.C. § 271(c); j
D. That Microsoft be adjud led to have willfully infringed the 4 683 patent under 35
U.S.C.§§ 271(a), (b), and (c);
E. That Microsoft, its offip srs, agents, servants, employees and attorneys, and those
persons in active concert or participate ji with them be prelirninarily and permanently restrained
and enjoined under 35 U.S.C. § 283 fircin directly or indirectly infringing the '683 patent;
F. That Microsoft be adjudged to have infringed the * 1 93 patent under 35 U.S.C. §
271(a); ■ j
G. That Microsoft be adjudged to have infringed the '193 patent under 35 U.S.C. §
271(b) by inducing others to infringe : dlrectly the 4 193 patent under 35 U.S.C. § 271(a);
17
T FOR INFRINGEMENT OF U.S. PATENTS
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KtKEK & VAN NEST
13019/024
H. That Microsoft be adjudged to have contributorily infringed the ' 1 93 patent under
> U.S.C. § 271(c);
I. That Microsoft be adjudged to have willfully infringed the '193 patent under 35
,S.C§§271(a),(b),and(c); '
J. That Microsoft, its office :s, agents, servants, employees and attorneys, and those
srsons in active concert or participate} with them be preliminarily and permanently restrained
id enjoined under 35 U.S.C. § 283 fro n directly or indirectly infringing the '193 patent;
K. That Microsoft be adjud;£sd to have infringed the '861 patent under 35 U.S.C. §
I j
71(a); ■ j
L. That Microsoft be adjuk sed to have infringed the '861 patent under 35 U.S.C. §
71(b) by inducing others to infringe fleetly the '861 patent under 35 U.S.C. § 271(a);
M. That Microsoft be adjudged to have contributorily infringed the '861 patent under
5 U.S.C. § 271(c); \ j
N. That Microsoft be adjudged to have willfully infringed the '861 patent under 35
J.S.C §§ 271(a), (b), and (c); ■ j
0. That Microsoft, its officers, agents, servants, employees and attorneys, and those
i j
ersons in active concert or parricipatic ai with them be preliminarily and permanently restrained
nd enjoined under 35 U.S.C. § 283 from directly or indirectly infringing the '861 patent;
P. That Microsoft be adju< |ed to have infringed the '900 patent under 35 U.S.C. §
:71(a); . j
Q. That Microsoft be adjuc iged to have infringed the '900 patent under 35 U.S.C. §
171(b) by inducing others to infringe^ fleetly the '900 patent under 35 U.S.C. § 271(a);
R. That Microsoft be adjudged to have contributorily infringed the ' 900 patent under
15 U.S.C. § 271(c); j
S. That Microsoft be adjui ged to have willfully infringed the '900 patent under 35
J.S.C §§ 271(a), (b), and (c);
T.
jersons in active concert or participat
That Microsoft, its offi<|rs, agents, servants, employees and attorneys, and those
• • A-. L be preliminarily and permanently restrained
18
FOURTH AMENDED CO!
'LAINT FOR INFRINGEMENT OF US. PATENTS
/vtfta rrvMcnr m*iTn wrrw r m-r>£i7 TO*
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ind enjoined under 35 U.S.C § 283 from directly or indirectly infringing the l 900 patent;
' i
U. That Microsoft be adjud&d to have infringed the *89 1 patent under 35 U.S.C. §
171(a);
That Microsoft be adjud&d to have infringed the '891 patent under 35 U.S.C. §
Ltly the *891 patent under 35 U.S.C. § 271(a);
|iid to have contributorily infringed the '891 patent under
sd to have willfully infringed the '891 patent under 35
V.
271(b) by inducing others to infringe dijxtly the *891 patent under 35 US.C § 271(a);
W. That Microsoft be adjud, J
35 U.S.C. § 271(c);
Jt That Microsoft be adjuci
U.S.C.§§ 271(a), (b), and (c); j
Y. That Microsoft, its offices, agents, servants, employees and attorneys, and those
persons in active concert or participate with them be preliminarily and permanently restrained
and enjoined under 35 U.S.C. § 283 fioim directly or indirectly infringing the '891 patent;
led to have infringed the *912 patent under 35 U.S.C. §
Z. That Microsoft be adj ujc
271(a);
AA. That Microsoft be adjudged to have infringed the '912 patent under 35 U.S.C. §
271(b) by inducing others to infringfe ji iectly the *912 patent under 35 U.S.C. § 271(a);
BB, That Microsoft be adjiid ged to have contributorily infringed the '912 patent under
35 U.S.C. § 271(c);
CC. That Microsoft be adjii^ged to have willfully infringed the 4 912 patent under 35
U.S.C. §§ 271(a), (b), and(c);
DD. That Microsoft, its officers, agents, servants, employees and attorneys, and those
persons in active concert or participle ii with them be preliminarily and permanently restrained
and enjoined under 35 U.S.C. § 283j frclm directly or indirectly infringing the '912 patent;
EE. That Microsoft be atfjic jjed to have infringed the '721 patent under 35 U.S.C. §
271(a);
! i
///
FF. That Microsoft be adjuc |ed to have infringed the *72 1 patent under 35 U.S.C. §
271(b) by inducing others to infringe!*: irectly the l 721 patent under 35 U.S.C. § 271(a);
19
FOURTH AMENDED CO.
PASFNO C.OM640$R
INT FOR INFRINGEMENT OF US. PATENTS
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GG. That Microsoft be adjudfed to have contributorily infringed the '72 1 patent under
J5 U.S.C. § 271(c); |
HH. That Microsoft be adjualed to have willfully infringed the '721 patent under 35
J.S.C.<j§ 271(a), (b), and(c);
11. That Microsoft, its offifc
persons in active concert or participa^-
271(a);
KK. That Microsoft be adjiii
4£J U£X/ Uil
|s, agents, servants, employees and attorneys, and those
with them be preliminarily and permanently restrained
and enjoined under 35 U.S.C. § 283 fioSi directly or indirectly infringing the *721 patent;
i ! il
JL That Microsoft be adjujd -
red to have infringed the *019 patent under 35 U.S.C. §
I !
271(b) by inducing others to infringe <
ged to have infringed the *019 patent under 35 U.S.C §
lectly the '019 patent under 35 U.S.C § 271(a);
LL. That Microsoft be adjudjged to have contributorily infringed the '019 patent under
35 U.S.C. § 271(c);
i ifi
MM. That Microsoft be adjudged to have willfully infringed the 4 01 9 patent under 35
i
U.S.C. §§ 271(a), (b), and (c); j
i
NN. That Microsoft, its offi
i ,-
rs, agents, servants, employees and attorneys, and those
persons in active concert or participation with them be preliminarily and permanently restrained
1 i SI
and enjoined under 35 U.S.C. § 283| fr&n directly or indirectly infringing the '019 patent;
FOURTH AMENDED CQMPLAINT
! 1$
00. That Microsoft be adjidged to have infringed the '876 patent under 35 U.S.C. §
271(a):
PP That Microsoft be adjilged to have infringed the '876 patent under 35 U.S.C. §
I I
271(b) by inducing others to infringe! < firectly the *876 patent under 35 U.S.C. § 271(a);
QQ. That Microsoft be adjui i ged to have contributorily infringed the ' 876 patent under
35 U.S.C.§ 271(c);
RR. That Microsoft be adjui 1 ged to have willfully infringed the 4 876 patent under 35
U.S.C. §§ 271(a), (b), and(c);
///
///
20
FOR INFRINGEMENT OF U.S. PATENTS
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KAJL
KEKER & VAN NEST
nd enjoined under 35 U.S.C. § 283 fjcnjf
IT. That Microsoft be adjud
71(a);
SS. That Microsoft, its offi'cei L agents, servants, employees and attorneys, and those
IIU. That Microsoft be adjudged to have infringed the M81 patent under 35 U.S.C. §
171(b) by inducing others to infringe jdiijteily the '181 patent under 35 U.S.C. § 271(a);
W. That Microsoft be adjudg Sd to have contributorily infringed the '181 patent under
\5 U.S.C § 271(c);
YY. That Microsoft be adjud
i71(a);
Z71(b) by inducing others to infringe
AAA.. That Microsoft be adhid 1
35U.S.C. § 271(c);
BBB. That Microsoft be adjj
U.S.C. §§ 271(a), (b), and (c);
CCC. That Microsoft, its offi
. . i L
persons in active concert or participate
and enjoined under 35 U.S.C. § 283
DDD. That this Court award p
infringement, as well as enhanced ds
Ill
W) 022/024
ersons in active concert or participation ( vith them be preliminarily and permanently restrained
directly or indirectly infringing the '876 patent;
to have infringed the ' 181 patent under 35 U.S.C. §
WW. ThatMicrosoftbeadjm^Jdtohavewillfullyinfringedthe '181 patent under 35
J.S.C. §§ 271(a), (b), and (c); j
XX. That Microsoft, its office rs, agents, servants, employees and attorneys, and those
)ersons in active concert or participate | with them be prelirninaiily and permanently restrained
md enjoined under 35 U.S.C. § 283 fioi \i directly or indirectly infringing the ' 181 patent;
;sd to have infringed the '402 patent under 35 U.S.C. §
i . f
ZZ. That Microsoft be adjjudled to have infringed the '402 patent under 35 U.S.C §
ctly the '402 patent under 35 U.S.C. § 271(a);
[ to have contributorily infringed the '402 patent under
led to have willfully infringed the '402 patent under 35
;, agents, servants, employees and attorneys, and those
with them be preliminarily and permanently restrained
directly or indirectly infringing the '402 patent;
ges to compensate InterTrust for Microsoft's
;es, pursuant to 35 U.S.C. § 284;
21
FOURTH AMENDED CO M HLAINT FOR INFRINGEMENT OF VS. PATENTS
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AfciU iK & VAIN
Dated: October 24, 2002
5,915,019; 5,949,876; 6,112,181; anc
Dated: October 24, 2002
141023/024
E'EE. That this Court adjudge i j is case to be exceptional and award reasonable
ttomey's fees to InterTrust pursuantjto |>5 U.S.C. § 285;
FFF That this Court assessiprijudgment and post-judgment interest and costs against
Microsoft, and award such interest and | ssts to InterTrust, pursuant to 35 U.S.C. § 284; dad
GGG. That InterTrust have sue! other and further relief as the Court may dfeem. proper.
KEKER&
rLLF
michaelh.page
Attorneys for Plaintiff and Counter
Defendant
INTERTRUST TECHNOLOGIES
CORPORATION
DEMi SnD FOR JURY TRIAL
Plaintiff InterTrust herby dema jds a trial byjury as to all issues triable by jury,
specifically including, but not limiteL i| , the issue of infringement of United States Pate^os.
5,185,683 Bl; 6,253,193 Bl; 5,920^6f; 5.892,900; 5,982,891; 5,917, 912; 6,157,721
.'l
389,402 Bl.
KEKER & VAN NEST, LLP
MICHAEL H. PAGE
Attorneys for Plaintiff and Counter
Defendant
INTERTRUST TECHNOLOGIES
CORPORATION
22
FOURTH AMENDED COtKfPLAJNT
FOR INFRINGEMENT OF U.S. PATENTS
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2* FAX
KKKKK & VAIN NKST
:PR!
[ am employed in the City and Count^
member of the bar of this court at wKose
age of eighteen years and not a party tp
Nest, LLP, 710 Sansome Street, San "
On October 24, 2002, 1 served the following documents)
FOURTH AMENDED COMPL/dr^T|jpOR
6,185,683 Bl; 6,253,193 Bl; 5,920,861
5,915,019; 5,949,876; 6,1 12,181; ANp
San Francisco, State of California in the office of a
irection the following service was made. I am over the
t |e within action. My business address is Keker & Van
JfraJpcisco, California 941 11.
DEMAND FOR JURY TRIAL
INFRINGEMENT OF U.S. PATENT NOS.
5,892,900; 5,982,891; 5,917,912; 6,157,721;
^389,402 Bl
[UOOBS,
0 by FACSIMILE TRANSMISSION .
correct copy with IKON Office Solutioi
transmission on this date. The trans:
copy of same was placed in a sealed] _
practice of Keker & Van Nest, LLP f&ft
According to that practice, items araj &<
California on that same day with postaj
Starved, service is presumed invalid! 3"
day after the date of deposit for mailing
Eric L Wesenberg, Esq.
Marie R. Weinstein, Esq.
Orrick Herrington & Sutcliffe
1000 Marsh Road
Menlo Park, CA 94025
Telephone: 650/614-7400
Facsimile: 650/614-7401
[ declare under penalty of perjury under
and correct.
Executed on October 24 f 2002, at San :
l£|U24/U24
OF OF SERVICE
ON) AND UNITED STATES MAIL, by placing a tnxe and
the firm's in-house facsimile transmission center provider, for
jjon was reported as complete and without error. A true and correct
' lope addressed as shown below. I am readily familiar with the
iollectian and processing of correspondence for mailing,
jpsitcd with the United States Postal Service at San Francisco,
thereon fully prepaid. I am aware that, on motion of the parry
I postal cancellation date or the postage meter date is more than one
Itatcd in this affidavit.
John D. Vandenberg, Esq.
James E. Geringer, Esq.
Kristin L. Cleveland, Esq.
Klarquist Sparkman Campbell, et al.
One World Trade Center, Suite 1600
121 S.W. Salmon Street
Portland OR 97204
Telephone: 503/226-7391
Facsimile: 503/228-9446
le laws of the State of California that the above is true
jUROOF OF SERVICE
CASE NO. C 01-1640 SB!a|(#EJ), CONSOLIDATED WITH C 02-0647 SBA
i
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